Facing a first DWI in Texas can be nerve-wracking and stressful. What probably started out as an innocent night on the town with a few drinks quickly ended with your future flashing before your eyes.
Let’s paint a picture: you’re heading home after a night out with old friends. You think you’re okay to drive because you only had a couple of beers a few hours ago at the bar. You feel normal, you’ve got your wits about you, and you know you can hold your alcohol. You’re halfway home when you notice you haven’t had your headlights on — but not before you notice the police officer hiding behind a billboard.
You follow orders, but the police officer indicates that things aren’t going so smoothly. You’re asked to get out of the car and perform some confusing tests, followed by an intoxication analysis. Much to your surprise, you blow a 0.10 and it seems like game over — you’re put in cuffs, thrown in the cruiser, and taken to jail.
“What’s going to happen? How will this affect my life? Is there a way out?”
There may be many questions running through your head and you may feel alone –– but you’re not. Javier Guzman, a trustworthy Laredo DWI attorney from Guzman Law Firm, is here to review your case and answer your questions. Call Guzman Law Firm today at (956) 516-7198!
What happens when you get your first DWI in Texas?
When you are arrested for your first DWI in Texas, it’s easy to feel like it’s game over. This is far from the truth.
Once you are arrested, you will be given a court date for your arraignment to meet with a judge and tell the court how you plead. Pleading “not guilty” will result in a trial, while pleading “guilty” will move you into sentencing much faster. It may seem tempting to get it over with, but we do not recommend entering a guilty plea at this stage, regardless of the evidence against you. Being charged with a first DWI in Texas depends heavily on your individual situation and the severity of the incident.
Though being arrested and receiving drunk driving criminal charges does not guarantee that you will be convicted of a DWI, it does mean that you will have your license suspended. You’ll need to request an Administrative License Revocation (ALR) hearing within 15 days after your arrest in order to save your driving privileges.
What happens at an ALR hearing in Texas?
An ALR hearing is a crucial step in fighting to retain your driving privileges after a DWI arrest in Texas. This hearing is separate from your criminal trial and specifically addresses whether your license should be suspended based on evidence of intoxication or refusal to take a chemical test.
During the hearing, a judge from the Texas Department of Public Safety will review evidence, such as the results of breath or blood tests and the arresting officer’s testimony. You also have the right to present your own evidence, cross-examine witnesses, and call on your defense attorney to challenge the state’s case.
The stakes are high — losing the ALR hearing could result in a license suspension of up to 180 days for failing a test or up to two years for refusing one.
How do you win an ALR hearing in Texas?
In our opinion, your chances of winning an ALR hearing in Texas are so much better when you have an experienced DWI defense attorney advocating for you. Conversely, If you lose your case with the Texas Department of Public Safety, license reinstatement can become nearly impossible.
The longer you wait, the more time a case can be built against you, making a DWI conviction more likely. And believe us, you cannot afford a DWI conviction in Texas.
What type of charge is a first DWI in Texas?
Is DWI a felony in Texas? A first DWI in Texas, with no aggravating factors present, is typically charged as a Class B Misdemeanor. However, there are some cases in which your charge will be escalated to a felony charge even if this is your 1st DWI:
- If your BAC was 0.16 (twice the legal limit) or more
- You were driving with a minor in the car
- You caused an accident resulting in injury
- You caused an accident resulting in death
However, any subsequent DWIs, including a 2nd DWI in Texas, will be elevated to more serious charges. So, it’s best not to get charged with one the first time around.
Penalties for a first DWI in Texas
According to the Texas Department of Transportation, these are the standard penalties you are facing once charged with a first-time DWI offense in Texas.
- Fines: What is the fine for first-offense DWI in Texas? If convicted, you could be made to pay a fine of up to $2,000. This fine does not include a state fine of $3,000.
- Jail time: Upon conviction, you could serve between three and 180 days in jail, depending on your criminal background and the specifics of your case.
- License suspension: Upon conviction, you will lose your driver’s license for up to a year if you do not request an Administrative License Revocation (ALR) hearing 15 days after your arrest.
Secondary penalties outside of the above can include:
- Probation
- Ignition interlock devices
- DWI education programs
- Community service
- License renewal surcharges
- Higher auto insurance rates
A DWI conviction in Texas can seriously impact your life. Between the high fines, jail time, license suspension, and other penalties, you need to take every step possible to defend your rights and take immediate action to protect your future.
Do you get probation for a first DWI in Texas?
Probation — also referred to as “community supervision” in Texas — can be granted by a judge in place of serving jail time. You will be asked to abide by strict rules during your community supervision including:
- Paying monthly or set fines (typically $50 – 100 per month)
- Having regular check-ins with your community supervision officer
- Completing community service for a set number of hours
- Attending alcohol or drug education courses
- Routine drug and alcohol testing
Additionally, you may be required by the state to install an ignition interlock device (IID) on your vehicle. While often associated with repeat offenses or high BAC levels, some judges may mandate an IID even for a DWI first offense in Texas as part of probation terms. An IID requires drivers to pass a breathalyzer test before starting their vehicles, adding an extra layer of accountability.
The length of community supervision varies from case to case, but you cannot get out of community supervision early. However, it’s possible that if you abide by the rules, you may be able to adjust certain terms, such as visiting your community supervision officer less frequently.
Can you get a DWI dismissed in Texas?
Even if your first DWI is also your first-ever criminal charge, this mistake can haunt you for the rest of your life if not dealt with properly. With the help of an experienced DWI defense attorney, you have a shot at getting your first DWI charge dismissed and removed from your record.
Depending on the specifics of your case, your attorney can argue your case down to a lesser charge, have your case dismissed, or help you to receive a “not guilty” verdict, which can result in your first DWI charge and arrest being taken off of your record. However, if you were convicted of a DWI, that will remain on your record forever. Don’t let your DWI charge turn into a DWI conviction.
This is why having top legal representation matters. Only experienced and committed attorneys like Javier Guzman of Guzman Law Firm can help you erase this awful mistake and get your DWI expunged.
What is the second chance law in Texas for DWI?
The Second Chance Law in Texas, officially known as the Texas House Bill 3016, allows individuals with certain first-time misdemeanors, including some DWI offenses, to seal their criminal records through a process called nondisclosure. This law is designed to give eligible individuals a fresh start by limiting public access to their records while still allowing law enforcement and some agencies access for official purposes.
To qualify, the DWI must not have involved accidents or injuries, and the individual must have completed the terms of their sentence, including probation and a mandatory waiting period. Consulting an attorney can help determine eligibility.
Continue reading: Will an accident in a personal vehicle affect my CDL?
Javier Guzman can fight your first DWI in Texas charge
Being charged with a first DWI in Texas is a serious matter, but one mistake shouldn’t have to alter your life. To beat this, you will need excellent, relentless representation. You will need Javier Guzman.
Javier Guzman is not only a highly experienced Laredo criminal defense lawyer, he is also Laredo’s ONLY Forensic Lawyer-Scientist, the highest form of scientific recognition available for lawyers as designated by the Chemistry and Law Division of the American Chemical Society.
As a Forensic Lawyer-Scientist, Javier has in-depth knowledge of the science behind toxicology — including breath tests and blood tests — and can use that knowledge to help you build the most effective case possible in the fight of your life.
If you are looking for an aggressive attorney to build a strong defense strategy for your case, Javier Guzman may be the right attorney to explore your legal options. Schedule a consultation with Guzman Law Firm or call (956) 516-7198 today.
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